No possibility for a case to be considered by the Constitutional Tribunal en banc (with the participation of 11 judges of the said Tribunal) K 8/23
Ref. No. K 8/23
JUDGMENT
IN THE NAME OF THE REPUBLIC OF POLAND
Warsaw, 15 July 2025
The Constitutional Tribunal, composed of:
Bartłomiej Sochański – Presiding Judge
Krystyna Pawłowicz
Justyn Piskorski
Rafał Wojciechowski
Jarosław Wyrembak – Judge Rapporteur,
having considered – at the hearing on 19 July 2023 as well as, in accordance with Article 92(1)(1) of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393), at the sittings in camera on 4 June and 15 July 2025 – the Prime Minister’s application lodged with the Constitutional Tribunal for it to consider the conformity of:
Article 37(2), first sentence, of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – insofar as the challenged provision makes it impossible for the Constitutional Tribunal to adjudicate en banc in the situation where a minority of the constitutionally-specified composition of the Constitutional Tribunal refuses to adjudicate – to Article 197, Article 190(5), Article 188, Article 189, Article 7 as well as Article 8(1) of the Constitution,
adjudicates as follows:
Article 37(2), first sentence, of the Act of 30 November 2016 on the Organisation of the Constitutional Tribunal and the Mode of Proceedings Before the Constitutional Tribunal (Journal of Laws – Dz. U. of 2019, item 2393) – due to the fact that the challenged provision takes away the power granted by the constitution-maker to the Constitutional Tribunal to adjudicate as a panel composed of all its judges who are not barred, on actual or legal grounds, from adjudicating and who exercise their duties to participate in adjudication – is inconsistent with Article 188, Article 189 and Article 197 of the Constitution of the Republic of Poland as well as the principle of diligence and efficiency in the work of public institutions, expressed in the Preamble to the Constitution, in conjunction of Article 8(1) and Article 7 of the Constitution.
Moreover, the Tribunal decides:
to discontinue the proceedings as to the remainder.
The ruling was adopted by a majority vote.
Bartłomiej Sochański
Krystyna Pawłowicz
Justyn Piskorski
Rafał Wojciechowski (dissenting opinion)
Jarosław Wyrembak